GENERAL TERMS AND CONDITIONS FOR THE USE OF THE myRESCALL.APP APPLICATION
(MOBILE TELEPHONE SERVICE)
The Rescall.app “myRescall”, a service of Rescall Handels GmbH (hereinafter referred to as “Rescall”), is a service and information tool for consumers. Insofar as contracts were executed with users, the contractual party is:
Rescall Handels GmbH
Am Majötz 27
A-6460 Imst, Tyrol - Austria
These terms and conditions constitute the basis of the legal relationship between Rescall and users for services made available for mobile end devises (presently the iPhone and Android mobile telephones).
These terms and conditions are effective even in the event of opposing terms and conditions of users. Such will also not be accepted even if Rescall renders services with knowledge of the terms and conditions of the user, unless an agreement to the contrary is set forth in writing.
Service and Information Service / Contractual Relationship:
After downloading Rescall software (Rescall applications), users can use such on their mobile end devises. Furthermore, the user understands that costs of its respective mobile service provider shall be incurred for text messaging and telephone traffic affiliated with the use of the application. myRescall is an application for iPhones and Android mobile telephones, which – with the limitations set forth in the following – make it possible to pinpoint the exact geographical location of distressed persons or persons in need of help and to establish a connection to a control center. The user understands that Rescall is not the operator of the control center and that the service of Rescall exclusively pertains to the automated establishing of a connection to such control center. The control center is not an agent of Rescall. Rescall shall choose the control center with the care and diligence of a conscientious business person.
The user installs the myRescall on their mobile telephone in the usual manner. In the event of a contingency (=emergency), the user position in the GPS coordinate system is determined by the user (within the scope of technical possibilities) exactly to the meter with a single push of the recommended button, and this altitude is calculated.
This data packet is then automatically sent to the control center (which is not operated by Rescall. The control center then has the possibility to see the position of the customer on a Google network display screen.
Directly after the distribution of the data packet, a telephone connection to the control center is automatically established by the user’s mobile telephone.
The user understands that the tool constituting the subject of these terms and conditions (= the establishing of a connection to the control center) is dependent upon a series of technical prerequisites that lie outside Rescall's influence. These are in particular Prerequisites dependent upon third parties:
- the presence of a corresponding GPS signal
- sufficient network coverage for talk and data traffic
- the functioning of the corresponding equipment and features of the network operators (with regard to both the mobile telephone network (users) and to the fixed line network (control center).
Prerequisites to fulfilled by the user:
- the battery of the mobile telephone has to be sufficiently charged
- the application has to be correctly installed on the mobile telephone
- the location services function has to be turned on or activated on smartphones
- the roaming function has to be activated; in the event the roaming function is deactivated, the distribution of the data packet is not possible
The user is aware that they must fulfill the latter prerequisites themselves.
The user understands these limitations.
Changes of Service, Procedures:
The development of the Rescall services is in a dynamic process. Rescall can change its services without informing the users about such changes beforehand. Rescall reserves the right to amend or supplement these terms and conditions for the future. Users do not have any claim to the temporal and/or spatial availability of Rescall services. Rescall services can be limited, interrupted, or discontinued without notice to users.
General Limited Liability:
Rescall shall render its service with appropriate care and diligence. Rescall does not make any other promises or warranties regarding its service and especially does not represent that the use of the service shall be without interruptions and free of defects. The user agrees that Rescall can discontinue the service for an undetermined period of time or terminate the service at any time for technical or operational reasons.
In principle, Rescall is liable only for those contractual and extra-contractual claims of damages by users which are caused intentionally or by gross negligence. Such does not apply to the compensation of bodily injury. Insofar as liability is precluded or limited, such shall also apply to the liability of legal representatives, employees, or agents of Rescall.
Obligations and Liability of the Users:
The users are obligated to the lawful use of Rescall services. Such pertains especially to the responsible use of the Rescall button. The user is aware that upon activation of the Rescall button a rescue chain may be set in motion and that costs may result from such, which costs shall be borne by the user. The user indemnifies Rescall from any and all claims of third parties asserted as a consequence of its actions on the basis of the illegal use of Rescall services.
Data Protection Policy:
The ascertainment, processing, and use of personal data by Rescall are carried out in accordance with the obligatory data protection rules and regulations. Data are ascertained, processed, and used by Rescall only to the extent that such is necessary for the utilization of the service by the user. In particular, these are data used for the identification, commencement, and duration of use as well as of the services used.
These terms and conditions are subject to Austrian law. The choice of law holds true vis-à-vis users who are consumers, however only to the extent that the guaranteed protection is not divested by obligatory legal provisions of the country in which the user has their permanent residence. Should one or more of the provisions of this agreement be or become ineffective, then the effectiveness of the remaining provisions of this agreement are not thereby effected.
Imst, on 2013-03-21